BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
Subject to Your compliance with the terms and conditions of this Agreement, to include among other provisions paragraph 17 of this Agreement, TheOrnamentCollection.com grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access and make personal use of the Website in connection with Your use of the Services, and not to save, copy or download (other than page caching) or modify the Website, or any portion of it, except with the express written consent of TheOrnamentCollection.com. This license does not include any resale or commercial use of the Website or its content; any collection and use of any product listings, descriptions or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of TheOrnamentCollection.com.
All rights not expressly granted hereunder are reserved by TheOrnamentCollection.com. This Agreement grants You no rights in or to the intellectual property of TheOrnamentCollection.com or any other party. TheOrnamentCollection.com retains ownership of the Website and Services and all right, title, and interest therein, including without limitation all intellectual property rights therein, and You acknowledge and agree that Your are acquiring only a limited right to use the Website and Services as licensed hereunder. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
In connection with Your use of certain Services, You may be required to complete a registration form. You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy.
You may also be asked to provide, or may be given, a user name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of someone else at any time. You agree to notify TheOrnamentCollection.com immediately of any unauthorized use of Your account, user name, or password TheOrnamentCollection.com shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by TheOrnamentCollection.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password. You must also promptly notify TheOrnamentCollection.com if any credit card that You have provided to us is lost, stolen or used without permission.
The Website is linked with the websites of a number of third parties ("Third-Party Websites"), some of whom have established relationships with TheOrnamentCollection.com and some of whom do not. TheOrnamentCollection.com does not have control over the content and performance of Third-Party Websites. THEORNAMENTCOLLECTION.COM HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, THEORNAMENTCOLLECTION.COM DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. THEORNAMENTCOLLECTION.COM DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
TheOrnamentCollection.com attempts to be as accurate as possible in its product, pricing, and rebate information; however, TheOrnamentCollection.com cannot guarantee that product descriptions and/or specifications, pricing or any other content on the Website are accurate, complete, reliable, current or error-free. In the event that information is incorrect due to typographical, informational, technical or other errors, TheOrnamentCollection.com will not be liable for any loss or discrepancy with accurate data. If a product offered on the Website is not as described, or does not meet your expectations, Your sole remedy is to contact Via Email at Info@theornamentcollection.com to discuss the problem, whereby action may be taken. TheOrnamentCollection.com has a No Return Policy on all personalized items.
Except as otherwise noted, the price displayed for products on the Website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with industry practice, or the estimated retail value for a comparably featured item offered elsewhere. Despite TheOrnamentCollection.com's best efforts, a small number of items on the Website may be mispriced. If an item's correct price is higher than the stated the price, TheOrnamentCollection.com will, at TheOrnamentCollection.com's sole discretion, either contact You for instructions before shipping or cancel Your order and notify You of such cancellation.
TheOrnamentCollection.com accepts payment through PayPal with an account and the credit cards they except which is: Visa, MasterCard, Discover and American Express. We also accept the same credit cards through our terminal without any PayPal account. TheOrnamentCollection.com may obtain pre-approval from the credit card company for an amount up to the amount of the order. Billing to Your credit card occurs at the point of order or shortly thereafter.
We collect the appropriate North Carolina Sales tax on all orders placed by North Carolina Residents, including any products shipped to a North Carolina Address regardless of the purchasers destination.
All orders placed on the Website are subject to product availability and will be shipped according to TheOrnamentCollection.com's shipping policies. Please review the Shipping Police page on the Website for additional information on shipping times, rates and policies. In the rare event that Your order never arrives, notification of lost items must be received within 15 days from receipt of the shipping confirmation e-mail.
(SHIPPING POLICY) TheOrnamentCollection.com ships all of our packages via UPS, USPS (Ground 1-5 Business Days All 50 States in US and Puerto Rico), UPS 2nd Day Air (2 Business Days by the end of that day All 50 States in US and Puerto Rico with Some Limitations in Alaska and Hawaii), UPS Worldwide Expedited (2-10 Business Days) or by USPS using: Parcel Post, or Express Mail. These number of days start when shipped not ordered. Should we not be able to ship your order within two (2) business days, we will make every effort to advise you of our estimated shipping date. 2nd Day Air shipments will be shipped on same day of order if ordered before UPS store closes. If ordered after then will be sent out following business day morning. Free shipping will be shipped using USPS Parcel Post only. If you want to communicate with us about your order, please write to us at Info@theornamentcollection.com. Please be sure to include your order number. It appears on the confirmation we automatically send you, by e-mail, a few minutes after you order. Without it, we will have difficulty locating your order.
TheOrnamentCollection.com uses UPS and USPS Services so your rate will depend on type of shipment, weight of purchase, geographical location.
Time to Process:
Time to process your order is the estimated number of business days from your order date to the shipping of your ornaments and other items. In most cases, we will ship your order(s) from our warehouse within two (2) business days. Please take account of the following circumstances where this process may be delayed:
If we need to verify your credit card information, shipment of merchandise will be delayed until verification is complete.
If your shipping address is different from your billing address, this may cause additional delays and verification needs.
Merchandise does not ship on Saturdays, Sundays or public holidays.
Time in Transit:
Time in transit is the estimated number of business days from shipment of your order to your receipt of it. Please note that service is from time of product shipment (there may be processing or weekend days in between). Please consider that our office is in Lansing, North Carolina.
Satisfaction Guaranteed - Return Policy
We offer a 30 Day Money Back Guarantee on all the items we sell. Merchandise must be in the original condition with all the insertions and labels.
You MUST CALL US and follow our simple directions before returning any items. For your security, we do not process returns, refunds, or exchanges by email.
EASY RETURN DIRECTIONS:
We will refund the cost of your item (minus shipping costs) if you:
1. Call us within 10 business days of delivery for a RMA number
2. Package and Return the merchandise within 30 days of your order
3. Ship the item in the same condition as when it was shipped. You pay for return shipping.
We carefully test and inspect all merchandise before we ship to you. If you receive the item damaged you MUST CALL US at 888-703-7068 (336-846-3636) Business hours 10AM to 4PM (EST) Monday Through Friday, within 10 business days of receipt for instructions on obtaining a return credit. This is very important because some damage is the responsibility of the carrier and other situations are the fault of manufacturer etc. After your call we will resolve any issues quickly with the least inconvenience to you.
We reserve the right to refuse your return or charge 15% restocking fee, if you do not follow these Return Directions.
We do not accept returns for custom and special corporate orders.
Note: Many of the items offered by The Ornament collection LLC are hand made and or hand painted so a slight variation in size, shape or color is normal. That's part of the charm and character which makes hand made items so unique!
You may subscribe to receive special offers from TheOrnamentCollection.com either Year Round or Seasonal Only. You may opt-out of receiving Email Communications at any time by emailing Info@thetrnamentcollection.com.
You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, pornographic, may constitute child pornography, may solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18, or are otherwise objectionable; (b) advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertise or otherwise solicit funds or constitute a solicitation for goods or services; or (d) violate any provision of this Agreement or any other TheOrnamentCollection.com agreement or policy (collectively, "Objectionable Content"). TheOrnamentCollection.com may monitor the Website for Objectionable Content. Without limiting any of its other remedies, TheOrnamentCollection.com reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. TheOrnamentCollection.com, in its sole discretion, may delete any Objectionable Content from its servers TheOrnamentCollection.com intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
TheOrnamentCollection.com imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) violate or attempt to violate any security features of the Website or Services; (b) copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without limitation, all designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, products, code, and other files, and the selection, arrangement and organization thereof (collectively, "TheOrnamentCollection.com Content"); (c) use any software that enables copying or duplication of TheOrnamentCollection.com Content for later off-line viewing; (d) distribute, display, modify, transmit, resell, reuse, or repost TheOrnamentCollection.com Content in any electronic form, including any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future, for any purpose, without the prior written permission of TheOrnamentCollection.com; (e) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (f) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (g) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (h) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (i) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (j) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by TheOrnamentCollection.com Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
(a) Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. THE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS RESTS SOLELY WITH YOU.
TheOrnamentCollection.com, The Ornament Collection[name] (the "TheOrnamentCollection.com Marks") are trademarks or registered trademarks of TheOrnamentCollection.com, Inc. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, TheOrnamentCollection.com Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in TheOrnamentCollection.com Marks generated as a result of Your use of the Website and Services will inure to the benefit of TheOrnamentCollection.com, and You agree to assign, and hereby do assign, all such goodwill to TheOrnamentCollection.com. You shall not at any time, nor shall You assist others to, challenge TheOrnamentCollection.com's right, title, or interest in or to, or the validity of, TheOrnamentCollection.com Marks.
(c) Copyrighted Materials; Copyright Notice
TheOrnamentCollection.com Content and other materials available through the Website and Services are either owned by TheOrnamentCollection.com or are the property of TheOrnamentCollection.com's licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2008 to the present, TheOrnamentCollection.com. ALL RIGHTS RESERVED.
(d) DMCA Policy
As TheOrnamentCollection.com asks others to respect TheOrnamentCollection.com's intellectual property rights, TheOrnamentCollection.com respects the intellectual property rights of others. If you have evidence, know, or have a good faith belief that your copyright rights or the copyright rights of a third party have been violated and you want TheOrnamentCollection.com to delete, edit, or disable the material in question, you must submit TheOrnamentCollection.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TheOrnamentCollection.com to locate the material; (d) information reasonably sufficient to permit TheOrnamentCollection.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to TheOrnamentCollection.com's designated agent at: Email Address: Info@theornamentcollection.com Subject: Copyright Agent TheOrnamentCollection.com
TheOrnamentCollection.com will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material. TheOrnamentCollection.com has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of TheOrnamentCollection.com or of a third party, or otherwise violated any intellectual property laws or regulations.
(a) NO WARRANTIES.
THEORNAMENTCOLLECTION.COM, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEORNAMENTCOLLECTION.COM, ON BEHALF OF ITSELF AND LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER THEORNAMENTCOLLECTION.COM NOR LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER THEORNAMENTCOLLECTION.COM NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
(b) YOUR RESPONSIBILITY FOR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD THEORNAMENTCOLLECTION.COM OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF ORNAMENTCOLLECTION.COM AND ITS LICENSORS AND SUPPLIERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THEORNAMENTCOLLECTION.COM OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO THEORNAMENTCOLLECTION.COM OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF THEORNAMENTCOLLECTION.COM AND LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO THEORNAMENTCOLLECTION.COM DURING THE YEAR PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THEORNAMENTCOLLECTION.COM AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND THEORNAMENTCOLLECTION.COM OR BETWEEN YOU AND ANY OF THEORNAMENTCOLLECTION.COM'S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. THEORNAMENTCOLLECTION.COM'S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other TheOrnamentCollection.com policies, and with any applicable laws or regulations.
You agree to defend, indemnify and hold harmless TheOrnamentCollection.com and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and contractors (collectively, the "TheOrnamentCollection.com Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; or (iii) Your provision to TheOrnamentCollection.com or any of TheOrnamentCollection.com Parties of information or other data.
TheOrnamentCollection.com Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless TheOrnamentCollection.com Parties. You may not settle any Claim without the prior written consent of the concerned TheOrnamentCollection.com Parties.
(a) Website, Services & Agreement
You agree that all matters relating to this Agreement, and Your access or use of the Website and Services, including without limitation all disputes and this Agreement's interpretation, shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST TO NORTH CAROLINA, RALEIGH. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THEORNAMENTCOLLECTION.COM RESERVES THE RIGHT TO, IN THEORNAMENTCOLLECTION.COM'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by TheOrnamentCollection.com.
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Subsequent to termination, TheOrnamentCollection.com reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider.
If TheOrnamentCollection.com, in TheOrnamentCollection.com's discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, TheOrnamentCollection.com will be entitled to recover from You as part of such legal action, and You agree to pay, TheOrnamentCollection.com's reasonable costs and attorneys' fees incurred as a result of such legal action.
TheOrnamentCollection.com Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement. Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1-3, 5-7, 14-22 and 24 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed TheOrnamentCollection.com.
(a) Entire Agreement; Amendment
This Agreement constitutes the entire agreement between TheOrnamentCollection.com and You concerning Your use of the Website. This Agreement and any other written agreements executed between You and TheOrnamentCollection.com constitute the entire agreement concerning Your use of the Services. This Agreement may only be modified by a written amendment signed by an authorized executive of TheOrnamentCollection.com or by the unilateral amendment of this Agreement by TheOrnamentCollection.com and by the posting by TheOrnamentCollection.com of such amended version.
(b) Severability Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of TheOrnamentCollection.com. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You and TheOrnamentCollection.com are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
(e) Third-Party Beneficiaries
Except for TheOrnamentCollection.com Parties as and to the extent set forth in Sections 15, 17, 21 and 24(e), and TheOrnamentCollection.com's licensors and suppliers as and to the extent expressly set forth in Section 19, there are no third-party beneficiaries to this Agreement.
(f) Irreparable Injury
You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to TheOrnamentCollection.com and TheOrnamentCollection.com's licensors and suppliers, and would therefore entitle TheOrnamentCollection.com or TheOrnamentCollection.com's licensors or suppliers, as the case may be, to injunctive relief.
All notices required or permitted to be given under this Agreement must be in writing. TheOrnamentCollection.com shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to TheOrnamentCollection.com. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH THEORNAMENTCOLLECTION.COM IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY THEORNAMENTCOLLECTION.COM OF AN EMAIL TO THAT ADDRESS. You shall give any notice to TheOrnamentCollection.com by means of: (i) hand delivery; (ii) certified U.S. mail, return receipt requested, postage prepaid; or (iii) overnight courier, each as send to: 366 Richardson Hollow Rd. Lansing NC 28643. All notices to TheOrnamentCollection.com will be deemed received as follows: (i) if by hand-delivery, on the date of delivery; (ii) if delivery by U.S. mail, on the date of receipt appearing on a return receipt card; or (iii) if by overnight courier, on the date the receipt is confirmed by such courier service. You agree that any notice received from TheOrnamentCollection.com electronically satisfies any legal requirement that such notice be in writing.
2. What information do we collect?
Each time you visit the Site, the web server automatically collects your internet service provider's address, the web page from which you came, web browser software, and a record of your activity while visiting the site.
We collect personally identifiable information (such as first and last name, credit card number, home address, e-mail address and telephone number) that you provide when you make a purchase; visit the Site; create or edit your registries and wish lists; participate in a contest, sweepstakes or other promotion; fill out a survey or questionnaire; sign up for a program or club; contact the Company (by e-mail or otherwise); contact the Company's customer service representative; or otherwise interact with the Company. We may also be combined with demographic and other information that is available in order to allow us to better communicate with you and enhance your shopping experience.
For purposes of this policy, information regarding your children that you (the parent) provide to the Company is treated in the same manner as information collected about you.
3. How do we use and share personal information?
Using Your Personal Information
Your personal information is used by the Company to enhance your guest relationship with us, respond to your requests, tailor offerings to you, communicate with you about products, services, special offerings and events or programs offered by the Company or their marketing partners that may be of interest to you. The Company may also use this information to analyze and manage its businesses. Aggregate data (which does not allow an individual to be identified, contacted or located) is collected from online facilities and may be used to enhance the ability of the Company to communicate with you, and for internal analysis and management purposes.
Sharing Your Personal Information We will not license, sell or provide your personal information to any unaffiliated third party except as permitted by this policy or with your consent. We share your personal information as set forth below:
In Connection with Business Transfers: In the event that a store, division or part or all of the Company (or the assets of one of those entities) is bought, sold or otherwise transferred, customer information will likely be included among the transferred business assets.
To Comply with Laws: We may also disclose specific information when it determines that such disclosure is necessary to comply with the law or to protect the interests or safety of its visitors and guests, the Company or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
On Registries and Wish Lists: Registries and wish lists are made available for viewing by others. If you create your registry or wish list and elect to make it available online, your information will be accessible at the Sites (as applicable). If you create your registry or wish list at the Sites (as applicable), your registry information may also be accessible at the Retail Stores.
4. How is my personal information protected?
We use industry standard security techniques on the Sites to help protect against the loss, misuse or alteration of information collected from you at the Sites. When you access your account information or transmit personally identifiable data to the Sites, that information is stored on servers that the Sites have attempted to secure from unauthorized access or intrusion. "Secure Socket Layer" software encrypts all personal information you transmit to the Sites. We cannot be and are not responsible for unauthorized access to information by hackers or others who have obtained such access through illegal measures.
5. What are cookies and how do we use them?
6. How can I opt out from receiving communications?
From time to time, you may receive periodic mailings, telephone calls or e-mails from the Company with information on products or services, discounts, special promotions, upcoming events or other offers from us or our marketing partners. You may opt out of receiving e-mail communications by clicking the "Unsubscribe" link at the bottom of the e-mail received or click here to unsubscribe from future emails. It may take us up to 10 days to complete this process, as permitted by law. You may opt out of receiving mailings or telephone calls by completing the online form at www.theornamentcollection.com/contactus or by calling 1-866-703-7068 and asking for instructions on how you may opt out of receiving such communications. Please note that if you ask us to remove your name from a mailing list, your name will be removed from all of the mailing lists maintained by the Company. In addition, your personal information may be retained in the database for record keeping purposes and for internal research and analysis.
The Sites do not knowingly solicit or collect personally identifiable information online from children under the age of 13 without prior verifiable parental consent. If we learn that a child under the age of 13 has submitted personally identifiable information online, in contravention of these measures, it will take all reasonable measures to delete such information from its databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).
8. Linked Sites
The Sites may contain links to other sites, including content from other sites that is occasionally framed within a Site. Please note that the privacy policies at these other sites may be different from this one. You should review the privacy
9. How to contact the Company
Please stop by theornamentcollection.com brick and mortar store:
Tabadees • 301 Backstreet • West Jefferson, NC 28694 • Telephone 1-336-846-3636